Biswanath Bera v. State Of West Bengal And ORS.

31.05.2021 Court No.28 rpan /15 C.R.M. 1241 of 2021 (Via Video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure;

And In Re : Biswanath Bera - Petitioner.

Mr. Anirban Mitra, Ms. Saberi Saha ... for the petitioner.

Mr. Madhu Sudan Sur, Mr. Manoranjan Mahata ... for the State.

Apprehending arrest in connection with Egra P.S. Case No.437 of 2020 dated 28.08.2020 under Sections 302/201/34 of the Indian Penal Code, the petitioner has filed the present application.

Mr. Mitra, learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated. No overt act has been attributed to the petitioner. The other co-accused persons have already been granted bail by co-ordinate Benches of this Court. Upon completion of investigation charge-sheet has also been filed and as such, custodial interrogation/detention of the petitioner is not warranted in the facts and circumstances of the case.

Mr. Sur, learned advocate appearing for the State opposes the petitioner's prayer and submits that the petitioner had been

absconding and other accused persons were arrested and subsequently they obtained bail from this Court. We have heard the learned advocates and considered the materials in the case diary. Prima facie, it appears that the petitioner is similarly situated with one, Raju Dolai, who was arrested and was in custody for about 120 days before he obtained bail from this Court. It also appears that the petitioner had been absconding for a substantial period of time.

In view thereof, we are not inclined to exercise discretion in favour of the petitioner and as such, his prayer for anticipatory bail is refused.

The application for anticipatory bail, being CRM 1241 of 2021, is dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Shampa Sarkar, J.) (Tapabrata Chakraborty, J.)